Appellate court approves of Atasacadero Walmart

July 10, 2014

The California Second District Court of Appeals has upheld a ruling that the city of Atascadero complied with environmental laws in its approval of the construction of a Walmart superstore.

In June 2012, the Atascadero City Council approved the construction of a Walmart superstore as well as an adjacent shopping center near the intersection of El Camino Real and Del Rio Road. A group opposed to the Walmart called Save Atascadero filed a lawsuit later that summer arguing that the city did not issue a sufficient environmental impact report on the project.

Save Atascadero promptly appealed, and the appellate court heard arguments from both sides on May 30. The appellate court then ruled Tuesday in favor of the city, according to a press release issued by Atascadero City Attorney Brian Pierik.

Save Atascadero has until August 18 to file a petition for the California Supreme Court to review the case. However, the Supreme Court only opts to review to a small percentage of cases.

15 Comments

Everything comes from China no matter where it is sold, Kmart, Target, Walmart. I just read that Mexico’s auto manufacturers just beat out Brazil in the America’s. Benz, Audi, BMW, Chrystal, etc all have plants down there and these are a major success. Pretty soon we will be asking them for assistance and hopefully they will change their laws for US citizens to work over there, as right now it is major prison them to cross the border and find work. Nice!

As I understand it, anyone has a right to their day in court, and the right to appeal without having to reimburse the government.

But if you lose twice, and appeal to the Supreme Court, and lose again, the government can go after you for reimbursement of attorney costs.

So I wouldn’t expect the Save Atascadero folks to appeal this any further, unless they are willing to risk getting sued for the City and Walmart’s attorney fees.

It was a good fight. They forced further scrutiny of the project’s EIR. Now they can kick back and let the lousy economy and Walmart’s corporate bigwigs decide whether Atascadero is still a good investment.

All of these silly rules and regulations just make everything in California cost more and drives investment and jobs out of the state. The Environmental Impact Reports get shoved into a file. They sit there just in case some lawyer needs ammunition for a lawsuit.

As the years have passed … Walmart has found they need a new strategy. The former Atascadero store conception no longer fits their new direction. A “right-size” store at the same location? Wait! A smaller store won’t pay as much towards the Del Rio interchange project. Not to worry though, those taxpayers have deep pockets.

We pay for it anyway. There is the sales tax increase, the gas tax, the discussion on the NEW mileage tax in Sacramento, etc. Just open your wallet on distribute your wealth, after all, you didn’t earn it, it’s not yours, you have to share it!

In August, assuming this horrible group of SAVE ATASCADERO that has now cost us thousands of $$$$$$$$$$ does not appeal can we assume that our City Council will not be asking for the sales tax increase.

I heard Mayor O’Malley falling all over himself Tuesday congratulating the City staff for their dedication and hard for having to sacrifice so much to live and work for the City of Atascadero. I wanted to throw up! Then he said the City is looking for ways to reward them because they have not had a COLA (cost of living adjustments – lay people refer to as RAISES) increase in years.

Well, at least we know why you didn’t want to dedicate that money to roads and you are going to put it in the General Fund like the City of SLO and spend it on 22 new positions, raises, new job titles, etc.

Mr. O’Malley, look around this community. Do you see money being spent on remodels, new houses, new businesses, etc. How congratulating the community for sticking together during these difficult times, doing more for less as our water goes up, our waste charges go up, City services become limited but you have money for ECHO, The Zoo, The Lake parking, dredging, etc. I am not saying this are bad projects, but these are from the taxpayers, compliment them.

No one is holding a gun to the City employees heads. They don’t like it, go find another job. They are more then compensated with salary, health care, pensions and great benefits, holidays, vacation, sick leave. You should know, your wife receives them as a teacher…

Omally is the only councilmember who recieves over $8000 worth of benefits from the city. So sad, but this is added onto his $80k+ retirement from the county with those benefits too.
People need to look closely into the new sales tax especially when “other vital city needs” was added to initiative.